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Adams v. Town of Ruston

193 So. 688 (1940)

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Adams v. Town of Ruston

Louisiana Supreme Court

193 So. 688 (1940)

Facts

The town of Ruston (defendant) owned and operated a public swimming pool. Once a week during the summer months when the pool was in operation, the town would empty the swimming pool. The wastewater from the pool would flow down through a natural drainage ditch that flowed away from the pool, passed under an overpass, and continued through the ditch over land that belonged to Adams (plaintiff). The water did not overflow the ditch, but Adams claimed that the water was eroding the banks of the ditch and therefore damaging his land. Adams sued the town to seek an injunction to prevent the town from emptying the pool water into the ditch. During the trial, an expert witness for the town testified that the amount of water emptied from the pool amounted to only one-tenth of the total water that flowed through the ditch from rainfall every year and that the damage to the banks on Adams’s land was negligible. The trial court refused to grant the injunction, and Adams appealed.

Rule of Law

Issue

Holding and Reasoning (Ponder, J.)

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